New Mexico News & Analysis

  • Pay up: Colorado Supreme Court clarifies vacation payout obligations

    Colorado law has long been unsettled over whether employers must pay out accrued but unused vacation time at separation of employment when the employer's vacation policy says it isn't necessary to do so (e.g., because certain conditions, such as voluntary separation or the employee's provision of two weeks' notice, haven't been satisfied). But no longer.

  • Let's make a deal: Employers offer incentives for employees to get vaccinated

    The Equal Employment Opportunity Commission (EEOC) recently issued guidance about whether employers may offer incentives to employees or their family members to get vaccinated for COVID-19. Although the guidelines are general in nature and don't provide specific answers about the amount you may offer as an incentive, they do provide some clarity on the do's and don'ts.

  • TX federal court rejects hospital employees' challenge to COVID-19 vaccine mandate

    A Texas federal district court recently ordered the dismissal of a lawsuit filed by more than 100 Houston Methodist Hospital employees who claimed they were unlawfully subjected to a COVID-19 vaccination policy as a condition of continued employment. Although their counsel has said they plan to appeal the decision, the order provides helpful precedent for other private employers that have imposed (or are considering) similar vaccination mandates, and it may discourage other employee groups from filing suit.

  • Time to hit reset on remote workers' expectations

    Finally, the time has arrived when most or all of your employees may safely resume on-site work. After discovering how effectively many of them can work remotely, however, some of you are rethinking your workforce management strategies and allowing more flexibility for employees to work from home (1) part of each week, (2) all the time, or (3) simply as business obligations allow. Being intentional about setting shared expectations can help your employees make more informed choices about whether to take advantage of the flexible work options and avoid unpleasant surprises at evaluation time.

  • SCOTUS limits scope of cybersecurity law

    The U.S. Supreme Court recently issued a ruling interpreting the scope of the Computer Fraud and Abuse Act (CFAA), a 1986 federal statute that imposes civil and criminal liability for unauthorized computer access. In short, the Court decided that as long as an individual is authorized to access a computer and data, he doesn't violate the CFAA's "exceeds authorized access" clause. In other words, his intended use for the computer and/or the data isn't relevant to whether he violated the statute. As a result, employers may need to reconsider their employee handbooks, policies, and procedures.

  • Employers beginning to navigate the age of workforce ecosystems

    It didn't take a pandemic to get workforce experts thinking about the future of work. Freelancers, gig workers, remote workers, and others who don't fit the traditional 9-to-5 mold have been playing important roles for years. The pandemic did, however, spark more thinking about the best ways to acquire, retain, and benefit from various kinds of talent.

  • Looking to hire? Luring candidates not what it used to be

    Employers have learned they must get creative when competing for top talent. No longer will the promise of a basic health plan be enough. Now, traditional enticements are just the beginning, and organizations are going to new heights to attract the best and the brightest.

  • You likely dont have to reimburse remote workers for furniture expenses

    Q For employees working from home, we currently dont provide reimbursement for furniture without a doctors note stating a need for an ergonomic chair or desk. If we require someone to work from home more than half the time, do we have to purchase an ergonomic chair other than for Americans with Disabilities Act (ADA) purposes?

  • Behind the mask: reevaluating safety policies for COVID-19-vaccinated employees

    Q We have COVID-vaccinated employees asking if they can stop wearing masks at work. Can we modify our mask policy only for vaccinated employees while requiring nonvaccinated employees to continue wearing them?

  • Determining whether you will be charged for COVID-related layoffs

    QIf we need to lay off an employee because our business still hasnt returned to prepandemic production levels, will we be charged for the unemployment? Anyone we laid off last March isnt currently getting charged to us, but we may have additional layoffs.